Monthly Archives: June 2015

State Bar of Wisconsin’s 2015 Health, Labor, and Employment Law Institute

Our very own Daniel Finerty, Douglas Feldman and Laurie Petersen are speakers at the State Bar of Wisconsin’s 2015 Health, Labor and Employment Law Institute on August 20-21, 2015 at the Wilderness Hotel and Golf Resort in Wisconsin Dells. Lindner & Marsack is sponsoring a Thursday evening social hour. Choose from more breakout sessions than ever before, covering the latest developments in health, labor, and employment law. Earn CLE and EPR credits as you select the combination of topics to best fit your practice needs, then kick back and relax with your friends and colleagues during the extended cocktail reception. Plus, you’ll have the opportunity to find your happiness with an optional CLE luncheon that will help you find and identify your perfect work-life balance. Click here for more information or to register.

2015 Kids’ Chance of Wisconsin Golf Outing


Lindner & Marsack’s worker’s compensation defense practice is well recognized as an industry leader in providing work injury defense services to many of Wisconsin’s largest employers and insurance carriers.

Doug Feldman heads the Firm’s highly regarded work injury defense team and is a founding Board Member and current President of Kids’ Chance of Wisconsin. Kids’ Chance is a non-profit organization that provides scholarships to children of seriously injured workers in Wisconsin.

Kids’ Chance of Wisconsin’s 3rd annual charity golf outing will be held on Friday August 21, 2015 at the Oaks Golf Course. Funds raised at the event will directly support the Kids’ Chance mission of providing financial support, in the form of scholarships, to children of parents who have been seriously injured at work.

If you are interested in attending or sponsoring this event, click here for more information, Kids’ Chance of Wisconsin – Golf Outing.

Lindner & Marsack owes much of its success to its good friends and clients in Wisconsin and is proud to be able to support this worthy endeavor and give back to the community in such a meaningful way. We hope you will consider sponsoring a hole or joining us for this entertaining event.



On June 1, the United States Supreme Court issued its decision in EEOC v. Abercrombie & Fitch Stores.  The issue in the case was the scope of an employer’s obligation to accommodate the real or perceived religious beliefs and practices of employees and applicants.

Samantha Elauf was a practicing Muslim who wore a headscarf to her interview with Abercrombie.  During the interview there was no discussion of her headscarf or her religious beliefs.  The interviewer assumed Ms. Elauf wore the headscarf for religious reasons.  Abercrombie determined the headscarf would violate its dress code and rejected Ms. Elauf’s application for that reason.

The Supreme Court ruled that Abercrombie’s decision was religious discrimination prohibited by Title VII.  Religious discrimination occurs if the real or perceived need for a religious accommodation is a motivating factor in an employer’s decision.  It does not need to be the sole reason.  It is not necessary for an employer to have actual knowledge of the religious beliefs or practices of the employee or applicant.  An employer’s perception that the relevant behavior is religious will be enough.  The Supreme Court also stated that employers must accommodate the religious beliefs or practices of applicants and employees unless the accommodation would create an undue hardship.

Following this decision, employers may want to treat real or perceived religious practices and beliefs the same way they treat real or perceived disabilities.  For example, employers may want to present applicants with all relevant job requirements and expectations, including such expectations as adhering to a dress code policy or working on Saturdays and Sundays.  Employers can ask applicants if there is any reason he/she cannot perform these job duties.  Employers can also ask whether an applicant believes he/she will need an accommodation.

When an applicant or employee has a religious belief or practice which is inconsistent with his or her job duties, employers must explore possible accommodations.  If no accommodation is possible, employers should consider how they can prove the necessary accommodation would create an undue hardship.

If you have any questions about how this decision may impact your organization’s hiring or accommodation practices, please contact John Murray or any other Lindner & Marsack attorney.